For LGBT troops, DOMA ruling a pocketbook issue

The Supreme Court’s ruling on the federal Defense of Marriage Act won’t just be a question of fairness for some 17,000 troops and military retirees, advocates say — it’s also a major pocketbook issue.

Although the Defense Department earlier this year offered same-sex couples some of the same benefits as heterosexual troops, it could only go so far because of restrictions under the 1996 marriage law. So activists want a court ruling that allows for total equality, which would also give troops, retirees and their families access to services and benefits worth a lot of money.

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"The constitution guarantees equal protection under the law to all citizens. There are few who understand that better than our service members because whether they are gay or straight, they have made a commitment to put their lives on the line to defend it,” said Allyson Robinson, executive director of Outserve-Servicemembers Legal Defense Network. “We really believe it is past time for America to live up to this value.”

The group released a report that found about 70 percent of a service member’s compensation comes in the form of benefits, meaning the policies the Pentagon is permitted to implement could make a big difference on the bottom line for same-sex military couples. For example, it costs nothing for a service member to include his or her opposite-sex partner in military health care, but SLDN estimated it could cost more than $5,600 for same-sex partners.

In February, DoD authorized gay and lesbian troops to receive benefits for child care, readiness support, emergency leave, base privileges and others, but the marriage act still bars major perks such as housing, health care and some burial and travel benefits.

About 5,600 active-duty personnel, 3,400 National Guard and Reserve troops and 8,000 retired service members would be affected by changes in how same-sex couples are treated by the military, a defense official told POLITICO last month.

Opponents say that would be costly.

"The Pentagon has not provided any estimates of costs involved if all marriage benefits, including medical benefits, are extended to same-sex couples,” said Elaine Donnelly, whose Center for Military Readiness also opposed the lifting of the Pentagon’s ban on open service by gays and lesbians. “Nor have they estimated the consequences for non-monetary changes, such as access to scarce space-available transportation for families.”

Many veterans groups, however, do not appear to oppose the possible extension of benefits to same-sex couples.

"They have other issues to worry about, with funds for the [Department of Veterans Affairs] being cut and so on," said Denny Meyer, a spokesman for American Veterans for Equal Rights. “Times have changed.”

On the Hill, although many members of Congress still say they support the Defense of Marriage Act, few are willing to protest it as strongly as they did the repeal of the “don’t ask, don’t tell” ban.